WRITTEN QUESTION E-0909/02 by Brigitte Langenhagen (PPE-DE) to the Commission. Whale catches in the Faroe Islands.
Date: 2002-04-05
Institutions: European Parliament, Provisional data
Subjects: Denmark, Faroes, common fisheries policy, fishing agreement, fishing regulations, marine mammal, protected species, protection of animal life

5.12.2002

EN

Official Journal of the European Communities

C 301 E/65

The Community Customs Code (2) and its implementing provisions (3)
impose uniform rules on the
Member States, including rules on the establishment and collection of import duties, which persons are to
pay the said duties and the conditions for lodging security.

As a rule, when customs authorities come across instances of fraud or irregularities in the course of post-
clearance controls that affect the amount of duty payable, they take appropriate action to account for the
missing duty in accordance with Article 220(1) of the Community Customs Code. By carrying out checks
in the Member States, the Commission ensures that the customs authorities discharge their responsibilities.

It

is up to the Member States to make sure that

2. and 3.
their customs administrations apply
Community legislation properly, including the Community Customs Code and its implementing provisions.
When the Commission finds that rules are not applied properly in a Member State, it takes the appropriate
steps to remedy the situation.

4.
At present the Commission does not have reason to believe that traders receive unequal treatment
from one Member State to another. If, however, the Honourable Member has relevant information on the
subject, the Commission would like to be informed of it so that it can rectify the situation.

5.
The Commission confirms that there are currently no negotiations between itself and Norway with a
view to excluding post-clearance collection of import duties legally due in the situation cited by the
Honourable Member. It also draws attention to the fact that it does not negotiate measures necessary for
duties legally due.

(1) OJ L 253, 7.10.2000.
(2) Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302,
19.10.1992), as last amended by Regulation (EC) No 2700/2000 of the European Parliament and of the Council of
16 November 2000 (OJ L 311, 12.12.2000).

(3) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of
Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993), as last
amended by Commission Regulation (EC) No 444/2002 of 11 March 2002 (OJ L 68, 13.3.2002).

(2002/C 301 E/070)

WRITTEN QUESTION E-0909/02

by Brigitte Langenhagen (PPE-DE) to the Commission

(5 April 2002)

Subject: Whale catches in the Faroe Islands

As reported by nature protection organisations,
large numbers of pilot whales are killed every year
between June and August in the coastal waters off the Faroe Islands. The greater part of the animals killed
are thrown back into the sea.

In accordance with the International Whaling Commission (IWC) Moratorium, whale hunting (cid:1) with some
narrowly restricted exceptions (cid:1) is banned. The European Union is not a member of the IWC, but holds
observer status. Under Directive 92/43/EWG of 21 May 1992 (1), all EU Member States are required to
introduce a stringent protection scheme for all species of whales.

The Faroe Islands are part of the Kingdom of Denmark, but enjoy self-government and are not a Member
of the EU.

Is the European Commission aware that large numbers of pilot whales are killed in the Faroe Islands every
year?

C 301 E/66

Official Journal of the European Communities

EN

5.12.2002

Where does the Commission’s stand on this matter?

Where does the Danish government stand on this matter?

What measures is the Commission minded to adopt to bring the annual killing of pilot whales on the
Faroe Islands to an end?

To what extent can this matter be considered as integral to the EU Fisheries Agreement with the Faroe
Islands?

(1) OJ L 206, 22.7.1992, p. 7.

Answer given by Mrs Wallström on behalf of the Commission

(4 June 2002)

For a long time the Commission has supported a definitive ban on commercial whaling (1) and would take
the opportunity to reiterate this position. It is however aware that this view is not fully shared by all
concerned at international level.

The Community does not support any form of whaling, or trade in products obtained from that activity. It
supported the moratorium recommended by the International Whaling Commission (IWC).

The Commission cannot comment on the position of the Danish Government. The question should be put
to the Danish authorities.

The Commission is unable to take action on the matter, as the EC Treaty does not apply to the Faroe
islands (2). Consequently, nature protection provisions based on the EC Treaty do not apply, notably the
Habitats Directive (3) and the CITES Regulation (4).

The fisheries agreements between the EU and the Faroe islands do not concern whales.

(1) Communication from the Commission to the Council concerning the conservation of whales within the framework

of the International Whaling Commission, COM(92) 316 final.

(2) Documents concerning the accession to the European Communities of the Kingdom of Denmark, Ireland, the
Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland, act concerning the conditions
of accession and the adjustments to the Treaties, part 2: adjustments to the Treaties, Title II, other adjustments,
Article 26, OJ L 73, 27.3.1972 EC Treaty, Article 299(6)(a).

(3) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora,

OJ L 206, 22.7.1992.

(4) Council Regulation (EEC) No 3626/82 of 3 December 1982 on the implementation in the Community of the

Convention on international trade in endangered species of wild fauna and flora, OJ L 384, 31.12.1982.

(2002/C 301 E/071)

WRITTEN QUESTION E-0910/02

by Gabriele Stauner (PPE-DE) and Paul Rübig (PPE-DE) to the Commission

Subject: Sapard financing for Poland

(5 April 2002)

As reported by the Austrian daily Der Standard of 20 March 2002, Poland, as an accession applicant, is
encountering serious difficulties with the financing of projects under the Sapard (Special Accession
Programme for Agriculture and Rural Development) pre-accession aid programme.